The Federal Law from 30.03.2015 №67-FZ increases responsibility for the establishment of the fly-by-night companies and entering invalid data into the State registers. Information Agency Credinform dedicated two articles to this topic: «Changes in state registration procedure of legal entities» and «New in doing business: law and realities»
Since 2016 the same Law gives tax inspections the authority to check the accuracy of the contained or new data in the Unified state register of legal entities (EGRUL).
The basis and procedures of inspections, the using of their results are regulated by the order of the Federal tax service of the Russian Federation from 11.02.2016 №ММВ-7-14/72@.
Thus, the inspections can be made on the basis of:
- the written objection of interested party in regard to future state registration;
- the statement of physical person on invalid data contained in the registry;
- identified mismatches in provided documents and available data in tax authorities;
- provided for inclusion into EGRUL data on address of the legal entity, if this address is already the legal address of 5 or more legal entities, if the real estate object is destroyed or cannot be freely used for communication with this legal entity (for example, the address is location of public authorities), if the owner of the object has an objection on future entering of data into EGRUL in relation to the address;
- entering into EGRUL data on address, entailing the change of location of legal entity, the on-site tax audit of which is not completed, the documents on its results are not finished or didn’t entered into force or the legal entity has arrears or debts on penalties and fines;
- providing data on the head or participant of the limited liability company (LLC), the record on unreliability of which was already made or such person is brought to administrative responsibility for providing of invalid or false data on legal entity;
- providing of statement from the participant of the limited liability company on its withdrawal from the company (issued till 01.01.2016 apart from notarized statement), acting as the basis of the transfer of a share in the authorized capital to the entity itself;
- providing of documents on reorganization of legal entity in cases: if there are 2 or more participants in reorganization; if on-site tax audit in regard to legal entity, which is ceasing its operations, is not completed, the documents on its results are not finished or didn’t entered into force or the legal entity has arrears or debts on penalties and fines.
The listed bases for inspection should be identified by registration authority prior to the moment of making a decision on state registration.
The inspection can be made not only by the registration authority but also by other territory authorities of the Federal tax service of the Russian Federation on its instructions. Herewith the inspection should be carried out within the time frame established for state registration of legal entity.
Data verification may be carried out on the base of existing in the tax office data and documents; evidences from individuals, who have relevant knowledge for inspection; reports on issues related to the inspection; physical inspection of real estate unit; involvement of professionals and experts.
Depending on specific circumstances, in case when inspection results show inaccuracy of provided information, the registration authority is obligated to do the following: to make a decision of state registration refusal or to make a record in the registry on unreliable information about legal entity contained in EGRUL or inform the persons who submitted objections and statements about confirmation, disconfirmation or impossibility of confirmation of the facts submitted by the applicant.
Time will show whether the innovations may influence on the quality of the registered authorities and the speed of document processing. However, the scope of work on verification of documents is possible to indirectly estimate by statistics of the Federal tax service of the Russian Federation on registration of newly established and ceased the activities companies and individual entrepreneurs. Thus, in general across the country the records about the following companies were made in EGRUL in 2015: 6 419 newly established companies, 40 companies established through reorganization, 5 425 companies which ceased their activities, among them 95 companies – as a result of reorganization, 2 230 – in connection with liquidation, 48 – because of bankruptcy, 2 891 - according to the decision of the registration authority and 209 – on other grounds. 237 records about newly established individual entrepreneurs and peasant (husbandry) farms and 202 records on exclusion from the register were made in the Unified state registry of individual entrepreneurs (EGRIP) for the same period.
However, the implementation of this order may have a significant influence on the quality and reliability of information in EGRUL.
This, in turn, will let the experts of Information Agency Credinform to make the tool for integrated work with contractors (Information and analytical system Globas-i) more effective.
Despite of all difficulties for the Russian business today, the number of companies registered in the Unified state register of legal entities demonstrates the positive trend. As of 1.07.2016, the number of active companies in the country amounted to 4,8 mln. This indicator increased by 24,3 th (or 0,5%) for the year. So Russia has almost reached the number of 5 mln registered companies and is listed in the Top-10 companies in the world by this parameter. Nowadays 24,5 mln companies are registered in the USA; more than 9,1 mln in the Great Britain; 8,3 mln in Brazil; 7,7 mln in France; 4,1 mln in Japan; 3,7 mln in Italy and 3,3 mln in Germany.
Indicator of business subjects’ number helps to show the size of the economy, level of development of the business environment and entrepreneurial activity.
Totally for the past 6 years, more than 389 th newly established or reorganized legal entities have appeared in Russia. They are real subjects of economic activity, paying taxes to the budget, providing of jobs, manufacturing finished products and rendering service (see picture 1).
The most popular legal form among the Russian enterprises is limited liability company (LLC). 82,4% or 3,9 mln LLCs are registered in Russia as of 1.07.2016. The popularity of this form can be explained with the simplicity of registration and lower downside risk within the cost of investment contributed by the shareholders.
14% of the registered legal entities follow to the share of non-profit organizations, which are:
- state and municipal institutions – 254 th;
- legal entities registered according to the special regulation of the Ministry of justice of Russia – 217,5 th (political parties, public associations, religious organizations, departments of international organizations and non-profit organizations);
- consumer cooperatives – 89,6 th;
- other non-profit organizations – 106 th.
Non-public and Public joint-stock companies are only 2,4% of totally registered legal entities: 93,1 th and 22,6 th relatively.
As for the location of registered companies, the statistical data on 1.07.2016 is as follows: the Central federal district accumulated 37,7% or 1,8 mln of totally registered legal entities. The second place is for Privolzhskiy federal district with 16,3% or 778,3 th legal entities. The Northwest federal district with 13% or 622,0 th legal entities goes the third.
After joining the RF (the Crimean federal district has become a part of the Southern federal district), 40,6 th companies of the Crimean federal district were re-registered or re-opened (30,6 th in the Republic of Crimea and 10 th in Sevastopol).
Speaking about regions, the majority of legal entities are expectedly registered in Moscow – 1,1 mln; 369,8 th are registered in Saint-Petersburg and 236,9 th – in the Moscow region. The share of 35,4% of totally registered companies and institutions of the RF falls to three mentioned regions. The following seven subjects increased this share up to 54,1%. This indicates extremely unequal allocation of wealth due to the displacement of population and in part the implemented budget policy (migration of human and financial flows to some key regions with a large number of subsidized depressed areas).
The number of companies in Moscow has reduced by 4,8 th, and in Saint-Petersburg increased by 10,5 th by contrast. The Northern capital demonstrates maximum increase in the number of organizations by the country in general.
Table 1. Regions with the highest absolute number of registered legal entities
|№||Region||Number of registered legal entities as of 1.07.2016||Increase/decrease in the number of registered legal entities to 1.07.2015||Share in the total number of registered legal entities as of 1.07.2016, %|
|1||Moscow||1 082 135||-4 792||-0,4||22,7|
|2||Saint-Petersburg||369 835||10 459||2,9||7,8|
|3||Moscow region||236 926||-61||0,0||5,0|
|4||Sverdlovsk region||165 462||-3 324||-2,0||3,5|
|5||Krasnodar territory||143 480||2 188||1,5||3,0|
|6||Novosibirsk region||136 645||-2 998||-2,1||2,9|
|7||Republic of Tatarstan||124 477||5 968||5,0||2,6|
|8||Chelyabinsk region||111 538||2 405||2,2||2,3|
|9||Samara region||109 632||-2 898||-2,6||2,3|
|10||Nizhny Novgorod region||100 449||3 042||3,1||2,1|
|Total for Top-10||2 580 579||9989||0,4||54,1|
The table 2 contains regions leading by the relative increase in the number of registered organizations for the year. Excluding already mentioned the Republic of Crimea and Sevastopol, Vologda and Voronezh regions where the number of legal entities has increased by 6,6% and 5,7% relatively, got in on the ground-floor. The growth more than by 5% was demonstrated by the Republic of Udmurtia, Ivanovo region and the Republic of Tatarstan. In general, 46 subjects have the positive dynamics of new legal entities registration.
Table 2. Regions with the highest relative increase and decrease in number of registered legal entities.
|№||Region||Increase/decrease in the number of registered legal entities to, %||Number of registered legal entities as of 1.07.2016||Number of registered legal entities as of 1.07.2015|
|1||Republic of Crimea||19,1||30 627||25 725|
|2||Sevastopol||18,5||9 970||8 414|
|3||Vologda region||6,6||44 905||42 115|
|4||Voronezh region||5,7||58 084||54 935|
|5||Republic of Udmurtia||5,1||41 615||39 613|
|6||Republic of Tatarstan||5,0||124 477||118 509|
|7||Ivanovo region||5,0||35 675||33 989|
|8||Chechen Republic||4,4||10 169||9 743|
|9||Ulyanovsk region||3,5||28 803||27 819|
|10||Perm territory||3,2||80 903||78 426|
|76||Irkutsk region||-2,9||60 821||62 633|
|77||Kirov region||-4,2||36 355||37 938|
|78||Volgograd region||-4,3||51 240||53 517|
|79||Magadan region||-5,1||4 635||4 885|
|80||Republic of Ingushetia||-5,6||4 980||5 275|
|81||Chukotka autonomous district||-5,9||946||1 005|
|82||Republic of Altai||-6,7||5 930||6 353|
|83||Kursk region||-6,7||22 128||23 710|
|84||Republic of North Ossetia||-7,3||10 000||10 790|
|85||Republic of Kalmykia||-9,1||4 797||5 277|
The opposite situation of reduction in the number of registered organizations is observed in 39 subjects of the federation. The anti-rating is headed by the Republic of Kalmykia and its decrease by 9,1% of companies. The number of legal entities in the Republic of North Ossetia decreased by 7,3% and by 6,0% in Kursk region and the Republic of Altai.
The fact of great number of registered companies is not indicates the quality changes of processes in the country: the stable economic growth, wide offer of jobs or high social standards of life. Sometimes “fly-by-night” companies established as real companies for shady financial arrangements. So the counterparties check in the current situation is not a luxury but a necessity.
Not only clear rules of game on the part of the government and fair demand on goods (services), but also the sources of long-term money in the form of investment or installation bank credits are necessary for the business successful development. Now it is difficult to speak about a favorable situation by well- known economic grounds. However there is no denying that for the past years the market system was created in Russia, and many companies, institutions and firms cooperate according to it; moreover completely new sectors have appeared. Enterprising spirit artificially limited in the Soviet years, has not disappeared and gains momentum again.